REPORT TITLE:
Prostitution


DESCRIPTION:
Expands prohibition of prostitution in Waikiki to other areas
designated by the council of the appropriate county.  Up to four
areas, each a maximum of three square miles, are allowed to be
designated within the State.  Denies bail to those persons
arrested for violating terms of bail or of probation by entering
into these prohibited designated areas. (CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                H.D. 1
STATE OF HAWAII                                            C.D. 1
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO CRIME.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 712-1207, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]712-1207[]]  Street solicitation of prostitution;
 
 4 designated areas.(1)  It shall be unlawful for any person
 
 5 within the boundaries of Waikiki and while on [a public street or
 
 6 sidewalk] any public property, to offer or agree to engage in
 
 7 sexual conduct with another person in return for a fee.
 
 8      (2)  It shall be unlawful for any person within the
 
 9 boundaries of other areas in this State designated by county
 
10 ordinance pursuant to subsection (3), and while on any public
 
11 property, to offer or agree to engage in sexual conduct with
 
12 another person in return for a fee.
 
13      (3)  Upon a recommendation of the chief of police of a
 
14 county, that county may enact an ordinance that:
 
15      (a)  Designates areas, each no larger than three square
 
16           miles, as zones of significant prostitution-related
 
17           activity that is detrimental to the health, safety, or
 
18           welfare of the general public; or
 
19      (b)  Alters the boundaries of any existing area under
 
20           paragraph (a);
 

 
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 1 provided that not more than four areas may be designated within
 
 2 the State.
 
 3      (4)  Notwithstanding any law to the contrary, any person
 
 4 violating this section shall be guilty of a petty misdemeanor and
 
 5 shall be sentenced to a mandatory [minimum] term of thirty days
 
 6 imprisonment.  The term of imprisonment shall be imposed
 
 7 immediately, regardless of whether the defendant appeals the
 
 8 conviction, except as provided in subsection [(3).] (5).
 
 9      [(3)] (5)  As an option to the mandatory [minimum] term of
 
10 thirty days imprisonment, if the court finds the option is
 
11 warranted based upon the defendant's record, the court may place
 
12 the defendant on probation for a period not to exceed [one year,]
 
13 six months, subject to the mandatory condition that the defendant
 
14 observe geographic restrictions that prohibit the defendant from
 
15 entering or [walking along the public streets or sidewalks of
 
16 Waikiki] remaining on public property, in Waikiki and other areas
 
17 in the State designated by county ordinance during the hours from
 
18 6 p.m. to 6 a.m.  Upon any violation of the geographic
 
19 restrictions by the defendant, the court, after hearing, shall
 
20 revoke the defendant's probation and immediately impose the
 
21 mandatory [minimum] thirty-day term of imprisonment.  Nothing
 
22 contained in this subsection shall be construed as prohibiting
 

 
 
 
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 1 the imposition of stricter geographic restrictions under section
 
 2 706-624(2)(h).
 
 3      [(4)] (6)  Any person charged under this section may be
 
 4 admitted to bail, pursuant to section 804-4, subject to the
 
 5 mandatory condition that the person observe geographic
 
 6 restrictions that prohibit the defendant from entering or
 
 7 [walking along the public streets or sidewalks of Waikiki]
 
 8 remaining on public property, in Waikiki and other areas in the
 
 9 State designated by county ordinance during the hours from 6 p.m.
 
10 to 6 a.m.  Notwithstanding any other provision of law to the
 
11 contrary, any person who violates these bail restrictions shall
 
12 have the person's bail revoked after hearing and shall be
 
13 imprisoned forthwith.  Nothing contained in this subsection shall
 
14 be construed as prohibiting the imposition of stricter geographic
 
15 restrictions under section 804-7.1.
 
16      (7)  Notwithstanding any other law to the contrary, a police
 
17 officer, without warrant, may arrest any person when the officer
 
18 has probable cause to believe that the person has committed a
 
19 violation of subsection (5) or (6), and the person shall be
 
20 detained, without bail, until the hearing under the appropriate
 
21 subsection can be held, which hearing shall be held as soon as
 
22 reasonably practicable.
 

 
 
 
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 1      [(5)] (8)  For purposes of this section:
 
 2      "Area" means any zone within a county that is defined with
 
 3 specific boundaries and designated as a zone of significant
 
 4 prostitution by this section or a county ordinance.
 
 5      "Public property" includes any street, highway, road,
 
 6 sidewalk, alley, lane, bridge, parking lot, park, or other
 
 7 property owned or under the jurisdiction of any governmental
 
 8 entity or otherwise open to the public.
 
 9      "Sexual conduct" has the same meaning as in section
 
10 712-1200(2).
 
11      "Waikiki" means that area of Oahu bounded by the Ala Wai
 
12 canal, the ocean, and Kapahulu avenue.
 
13      [(6)] (9)  This section shall apply to all counties;
 
14 provided that if a county enacts an ordinance to regulate street
 
15 solicitation for prostitution, other than an ordinance
 
16 designating an area as a zone of significant prostitution-related
 
17 activity, the county ordinance shall supersede this section and
 
18 no person shall be convicted under this section in that county."
 
19      SECTION 2.  Section 804-4, Hawaii Revised Statutes, is
 
20 amended by amending subsection (a) to read as follows:
 
21      "(a)  If the charge is for an offense for which bail is
 
22 allowable under section 804-3, the defendant may be admitted to
 
23 bail before conviction as a matter of right[; provided that].
 
24 Except for section 712-1207(7), bail shall be allowed for any
 
25 person charged under section 712-1207 only subject to the
 

 
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 1 mandatory condition that the person observe geographic
 
 2 restrictions that prohibit the defendant from entering or
 
 3 [walking along the public streets or sidewalks of Waikiki]
 
 4 remaining on public property, in Waikiki and other areas in the
 
 5 State designated by county ordinance during the hours from 6 p.m.
 
 6 to 6 a.m.; and provided further that nothing contained in this
 
 7 subsection shall be construed as prohibiting the imposition of
 
 8 stricter geographic restrictions under section 804-7.1.  The
 
 9 right to bail shall continue after conviction of a misdemeanor,
 
10 petty misdemeanor, or violation, and release on bail may
 
11 continue, in the discretion of the court, after conviction of a
 
12 felony until the final determination of any motion for a new
 
13 trial, appeal, habeas corpus, or other proceedings that are made,
 
14 taken, issued, or allowed for the purpose of securing a review of
 
15 the rulings, verdict, judgment, sentence, or other proceedings of
 
16 any court or jury in or by which the defendant has been
 
17 arraigned, tried, convicted, or sentenced; provided that:
 
18      (1)  No bail shall be allowed after conviction and prior to
 
19           sentencing in cases where bail was not available under
 
20           section 804-3, or where bail was denied or revoked
 
21           before conviction;
 

 
 
 
 
 
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 1      (2)  No bail shall be allowed pending appeal of a felony
 
 2           conviction where a sentence of imprisonment has been
 
 3           imposed; and
 
 4      (3)  No bail shall be allowed pending appeal of a conviction
 
 5           for a violation of section 712-1207, unless the court
 
 6           finds, based on the defendant's record, that the
 
 7           defendant may be admitted to bail subject to the
 
 8           mandatory condition that the person observe geographic
 
 9           restrictions that prohibit the defendant from entering
 
10           or walking along the public streets or sidewalks of
 
11           Waikiki or other areas in the State designated by
 
12           county ordinance pursuant to section 712-1207 during
 
13           the hours from 6 p.m. to 6 a.m.
 
14 Notwithstanding any other provision of law to the contrary, any
 
15 person who violates these bail restrictions shall have the
 
16 person's bail revoked after hearing and shall be imprisoned
 
17 forthwith."
 
18      SECTION 3.  This Act does not affect rights and duties that
 
19 matured, penalties that were incurred, and proceedings that were
 
20 begun, before its effective date.
 
21      SECTION 4.  If any provision of this Act, or the application
 
22 thereof to any person or circumstance is held invalid, the
 
23 invalidity does not affect other provisions or applications of
 

 
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 1 the Act which can be given effect without the invalid provision
 
 2 or application, and to this end the provisions of this Act are
 
 3 severable.
 
 4      SECTION 5.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 6.  This Act shall take effect upon its approval.